Patna High Court Upholds Conviction in Heinous Sexual Assault Case: Victim's Testimony Deemed Trustworthy

07 May 2024 8:19 AM

By: Admin

In a significant ruling, the bench comprising Justices Alok Kumar Pandey and Ashutosh Kumar upheld the conviction of the accused in a distressing case of sexual assault. The judgment, delivered on 11 September 2023, reaffirms the importance of the victim's testimony and underscores the need to treat it as trustworthy and reliable.

The case revolved around the accused's conviction under Sections 376(2)(i) and 323 of the Indian Penal Code (IPC), along with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The accused had appealed against the verdict of the trial court.

In its detailed judgment, the court meticulously evaluated the evidence presented during the trial. The victim, the key witness in the case, had given a thorough and consistent account of the harrowing incident. The court observed that her testimony, akin to that of an injured witness, had remained steadfast under cross-examination.

The judgment highlighted that delay in lodging the First Information Report (FIR) should not be considered fatal when a reasonable explanation is provided. The court cited previous rulings to emphasize that in cases of sexual assault, the victim's testimony should be treated on par with that of an injured witness.

Medical evidence played a crucial role in corroborating the victim's claims. Radiological findings confirmed that the victim was below 18 years of age, which made the provisions of the POCSO Act applicable to the case. The court found no grounds to question the trial court's findings and dismissed the appeal, affirming the conviction.

High court reiterated the responsibility of the judiciary to deal with cases of sexual assault with utmost sensitivity. It underscored that rape is not merely a physical assault but a crime that can cause profound psychological and physical harm to the victim. The court also cautioned against the possibility of false implications in such cases, highlighting the need for a balanced approach.

Date of Decision: 11 September 2023

Amar Gosai vs The State of Bihar